Matthew Nash v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2009-KA-00538-COA
MATTHEW NASH
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
03/20/2009
HON. FRANK G. VOLLOR
WARREN COUNTY CIRCUIT COURT
CLARENCE T. GUTHRIE III
OFFICE OF THE ATTORNEY GENERAL
BY: STEPHANIE B. WOOD
RICHARD EARL SMITH JR.
CRIMINAL - FELONY
CONVICTED OF MURDER AND
SENTENCED TO LIFE, SHOOTING INTO
AN OCCUPIED DWELLING AND
SENTENCED TO TEN YEARS, AND TWO
COUNTS OF AGGRAVATED ASSAULT
AND SENTENCED TO TWENTY YEARS
FOR EACH COUNT, WITH THE
SENTENCES TO RUN CONSECUTIVELY
ALL IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF
CORRECTIONS
AFFIRMED – 01/11/2011
BEFORE MYERS, P.J., IRVING AND GRIFFIS, JJ.
IRVING, J., FOR THE COURT:
¶1.
A jury in the Warren County Circuit Court convicted Matthew Nash of murder,
shooting into an occupied dwelling, and two counts of aggravated assault. The circuit court
sentenced him to life in the custody of the Mississippi Department of Corrections for the
murder, to ten years for the shooting into an occupied dwelling, and to twenty years each for
the aggravated-assault convictions.
The circuit court ordered that the sentences run
consecutively, so Nash will have to serve a sentence of life plus fifty years.
¶2.
Nash’s appellate counsel, who is different from his trial counsel, has filed a brief in
accordance with Lindsey v. State, 939 So. 2d 743 (Miss. 2005), alleging that there are no
arguable issues to present on appeal. The State also notes no arguable issues. Nash’s
counsel filed the brief on March 8, 2010; therein, counsel avers that Nash has been given a
copy of counsel’s brief, a copy of the record, and a transcript of the trial proceedings. Nash’s
counsel also states that Nash has been informed of his right to file a pro se brief to appeal his
conviction. Nash has not filed a pro se brief.
¶3.
This Court has made a diligent search of the entire record, and we have found no error
in the circuit court’s proceedings. Therefore, we affirm the judgment of the circuit court.
FACTS
¶4.
On June 16, 2007, Justin Maurice Harris had an altercation with Anthony Trevillion
or Armond Trevillion at The Biscuit Company, a nightclub in Vicksburg, Mississippi. The
altercation turned physical, and Harris and several other individuals were thrown out of the
club. There were several different accounts of what happened at the club; what is clear is
that Harris and his brother, Jarvis Bowman, were both at the club and were evicted
therefrom, along with the Trevillion brothers. Some time after leaving The Biscuit Company,
Harris, Bowman, and a family friend, Garrod Bunch, went to The Smoke Break, a
convenience store. While they were there, Anthony and another individual arrived at the
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store. Bowman testified that Anthony and Harris “looked at each other” and acted as though
they might fight, although nothing further happened at The Smoke Break. Thereafter, Harris,
Bowman, and Bunch went to Harris and Bowman’s home on Grammar Street in Vicksburg.
In the early morning hours of June 17, 2007, Harris was shot and killed by Anthony and
Armond after Harris exited his house to speak with Nash.
¶5.
Nash, who is related to both Harris and Anthony, was not at The Biscuit Company or
The Smoke Break. However, Nash learned of the fight that had taken place at The Biscuit
Company. According to Linda Miller, on June 16, 2007, presumably after the fight at the
nightclub, Nash asked her where Harris lived. Miller testified that she took Nash to Harris’s
home and then left with friends to go to her home. Miller stated that she and her friends
heard gunshots approximately ten minutes later.
¶6.
Bowman admitted that he and Harris had an argument over what had happened at The
Biscuit Company after they returned to their home. Bowman testified that after he fought
with Harris, Nash approached the house and came up on the porch. According to Bowman,
the Trevillion brothers were behind Nash. Bowman testified that Nash told Harris that he did
not have any problem with Harris; within seconds, Bowman realized that the Trevillion
brothers had firearms. Bowman warned Harris about the firearms and then ran into the
house. Bunch, who was nearby, ran into the kitchen and hid behind an icebox.
¶7.
Bowman testified that the Trevillion brothers began shooting within seconds of Nash
speaking to Harris. Harris was shot multiple times, including a fatal shot to the left side of
his torso. The brothers shot into the house multiple times. When the police examined the
house, they found only one room that had not been penetrated by bullets. At least one bullet
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was stopped by the icebox that Bunch had hidden behind. By all accounts, Nash left the
porch as the Trevillion brothers started firing. According to Nash, who testified at trial,
Anthony and Armond were firing into the house as Nash left with a third Trevillion brother,
Alonzo Trevillion. Nash claimed that he only went to the house to speak with Harris and that
he did not know that Anthony and Armond were going to open fire on Harris.
¶8.
Claudia Hester lived across Grammar Street from Harris and Bowman. She testified
that she looked outside early that morning and saw three individuals walking down the street.
She identified Nash as one of the three and testified that he was walking behind the other
two, who were carrying long firearms; she testified that she does not know much about
firearms and that the objects might have been rifles or shotguns. It later became apparent that
one Trevillion brother was wielding a shotgun and the other used a rifle. Hester testified that
she remembered Nash in particular because he turned and made eye contact with her. Hester
called 911 because she saw the firearms.
¶9.
Nash, Armond, Alonzo, and Anthony were all indicted together. Nash was first tried
in June 2008, but a mistrial was declared because the jurors could not reach a unanimous
verdict. Nash was retried in February 2009 and found guilty of all four counts against him.
¶10.
Additional facts, as necessary, will be related during our analysis and discussion of
the issues.
ANALYSIS AND DISCUSSION OF THE ISSUES
¶11.
When counsel believes that there are no arguable issues for appeal, the proper
procedure is to file a brief in accordance with Lindsey, as counsel has done in the present
case. Having reviewed the record, we find no error in the circuit court’s proceedings.
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Accordingly, we affirm the circuit court’s judgment.
¶12. THE JUDGMENT OF THE WARREN COUNTY CIRCUIT COURT OF
CONVICTION OF MURDER AND SENTENCE OF LIFE, SHOOTING INTO AN
OCCUPIED DWELLING AND SENTENCE OF TEN YEARS, AND TWO COUNTS
OF AGGRAVATED ASSAULT WITH A SENTENCE OF TWENTY YEARS FOR
EACH COUNT, WITH THE SENTENCES TO RUN CONSECUTIVELY ALL IN
THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO WARREN
COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS,
CARLTON AND MAXWELL, JJ., CONCUR.
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